Page No.# 1/3 vs The State Of Assam And 6 Ors
2023 Latest Caselaw 2758 Gua

                                                                 Page No.# 1/3

GAHC010201532016




                          THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : WP(C)/73/2016

         OITIGYA MANDITA AHATGURI ANCHALIK MOH-JUJ and BHOGALI BIHU
         UTSAV SAMITI and ANR
         MORIGOAN, DIST. MORIGAON, KAMRUP, ASSAM- 782105. THROUGH SRI
         PRANAB JYOTI DAS SECRETARY.

         2: SRI PRANAB JYOTI DAS
          SECRETARY
          MOH-JUJ AND BHOGALI BIHU UTSAV SAMITI
          MORIGAON
          DIST. MORIGAON
          KAMRUP
         ASSAM-782105

         VERSUS

         THE STATE OF ASSAM and 6 ORS,
         THROUGH THE PRINCIPAL SECRETARY, HOME, POLITICL INFORMATION
         AND PUBLIC RELATIONS, GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006,
         ASSAM.

         2:THE DEPUTY COMMISSIONER

          NAGAON
          ASSAM-782201.

         3:THE DEPUTY COMMISSIONER
          MORIGAON- 782105
          KAMRUP
         ASSAM.

         4:THE CIRCLE OFFICER

          MORIGAON REVENUE CIRCLE
          MORIGOAN- 782105
                                                                       Page No.# 2/3

             KAMRUP
             ASSAM.

            5:THE OFFICER-IN-CHARGE

             DHARAMTUL P.S. DHARAMTUL- 782412
             MORIGAON
             DISTRICT
             KAMRUP
             ASSAM.

            6:THE UNION OF INDIA
             REP. BY MINISTRY OF ENVIRONMENT AND FORESTS (MOEF)
             GOVT. OF INDIA
             NEW DELHI.

            7:THE ANIMAL WELFARE BOARD OF INDIA
             FARIDABAD
             HARAYANA-121004

Advocate for the Petitioner   : MR.A D CHOUDHURY

Advocate for the Respondent : GA, ASSAMR1




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                       ORDER

25.07.2023

Mr. BJ Talukdar, learned senior counsel for the respondents has raised the contention that inspite of the subsequent judgment of the Supreme Court rendered in Animal Welfare Board of India & Others Vs. Union of India & Anr., reported in (2023) SCC Online SC 661, the restrictions imposed in the earlier judgment in Animal Welfare Board of India Vs. A Nagaraj and Others reported in (2014) 7 SCC 547 had not been overruled and it remains.

Ms. B Choudhury, learned counsel for the petitioners on the other hand Page No.# 3/3

submits that the observations made in paragraph 40(2) of the later judgment in Animal Welfare Board of India (supra) has diluted the restrictions provided in paragraph 24 of the earlier judgment in A Nagaraj (supra).

List for further hearing on 22.08.2023.

JUDGE

Comparing Assistant